A lawyer's commentary on cultural property law, antiquities trafficking, art and cultural heritage crimes, legal issues in museum administration, and museum risk management. The materials presented on this site are intended for informational purposes only and should not be used as legal advice applicable to the reader’s specific situation. The provision of information to the reader in no way constitutes an attorney-client relationship.

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Wednesday, June 11, 2014

Dangerous. That is the term used by a reference document cited by the Lawyers’ Committee for Cultural Heritage Preservation (LCCHP) to describe a potential legislative proposal that would allow looted archaeological coins to enter the United States legally.LCCHP has issued a call to action to halt the coin looters’ exemption before it might be introduced. The nonprofit posted a statement on its web site that explains what is happening:

Members of Congressman Charles B. Rangel’s (Dem-NY)
and Congressman Steve Israel’s (Dem-NY) staff are considering the introduction
of legislation that would specifically exempt coins from trade restrictions
under the Cultural Property Implementation Act (CPIA). This initiative is being heavily lobbied for
by coin collectors. LCCHP opposes the passage of this legislation, which would
weaken protection of cultural heritage and allow collectors to more easily
purchase coins discovered during illicit excavations.… We encourage our members
within the relevant districts to contact the Congressmen regarding this
legislation.

LCCHP President Elizabeth
Varner and Vice President Diane Penneys Edelman wrote the lawmakers to say, “Such an exemption is neither needed by the
coin trade nor warranted by CPIA’s provisions, and would cause irreparable harm
to international relations."The Archaeological Institute of America (AIA), meanwhile, has launched a petition.to voice public concern over the looted coins exemption, saying "Rep. Rangel and Israel need to
hear from their constituents like you who oppose this exemption."

Readers of CHL are keenly aware
that the CPIA is the federal statute that authorizes U.S. Customs and Border
Protection to keep out specifically designated archaeological coins—among other archaeological
materials in jeopardy of pillage—from the stream of American commerce. The law's definitions cover ancient coins.

As I have stated in my support of the inclusion of coins in
the MOU [Memorandum of Understanding] with Cyprus, my arguments and position
are not against collecting or trading coins:
museums and scholars have always benefited from the collaboration and knowledge
of collectors and dealers, most of whom are ethical and respect the law. The
restrictions and MOUs pertain to illegal activities, looting and theft.
(Emphasis in the original).

Adopting a coin looters’ exemption would turn the CPIA on its
head by providing a safe haven for contraband archaeological coin artifacts imported from
abroad— culturally significant artifacts that Arnold-Biucchi has called “invaluable documents of
material culture and a primary source of information for the history, religion and
art of those cities or rulers.”

The appeals court added that the CPIA does not create undue burdens on
importers, writing that “[t]he importer need not
document every movement of its articles since ancient times. It need
demonstrate only that the articles left the country that has requested import
restrictions before those restrictions went into effect or more than ten years
before the date of import.”

Better than a change to the CPIA would
be a record keeping law that brings integrity to the purchase and sale of ancient
coins. Such a bill would require dealer record keeping
of purchase and sales transactions and the chain of custody of archaeological
coin artifacts imported and sold. A
record keeping law, framed along the lines of one previously
proposed by CHL, would help to spotlight
and separate the black trade that has latched onto the legitimate marketplace and thereby help to safeguard an increasingly threatened archaeological
record.

Staffers in Rep. Israel’s office might find this
measure more appealing, particularly since the congressman has spearheaded other consumer
protection bills including the Counterfeit Drug
Enforcement Act, which proposed increased penalties for the sale of
adulterated prescriptions and strengthened record keeping requirements to
document the chain of custody of medications.

Documenting the chain of custody of heritage
objects from dirt to dealer requires significant improvement, especially when it
comes to legally importing archaeological coin artifacts. But a looters’
exemption to the CPIA would not offer a solution. Instead, this kind of exemption would expand transnational heritage trafficking into the American marketplace. That is why
LCCHP and AIA have issued calls to action, urging those who care about preserving evidence of the past to contact
Representatives Rangel and Israel before an exemption may be proposed.

2015 ABA Journal Blawg 100 Honoree

2014 ABA Journal Blawg 100 Honoree

2014 Daniel Webster International Lawyer of the Year award given to Rick St. Hilaire

"Rick St. Hilaire, who has become an authority on cultural heritage law, received the International Law Section’s 2014 Daniel Webster International Lawyer of the Year award at an Oct. 30 reception in Manchester, hosted by Sheehan Phinney Bass + Green." - NH Bar News, November 19, 2014

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